A Girl under Sexual Assault by a Rapist can Kill him – Facts Analysis

Story:

Finally a new law passed
Indian penal code 233
If a girl is suspected to be raped or gettin raped , then she has the supreme ryt to kill the man, injure his sexual part or harm that person as dangerously .. that girl wont be blamed fr murder ……..
tell as many as u can .. its your power .. create awareness …. Finally

Analysis:

The message claims that a new law under IPC section code 233 has been passed, which allows a girl in India to injure a man or even kill him when she is suspecting a rape, or is getting raped by him. Althought the IPC code mentioned is not right, the message is a fact, and it is not a new law, but an old one, under Private Defence. Indian penal code 233 relates to making or selling of instruments for counterfeiting coins.

Rape is a violent crime that traumatizes the victim. According to the Indian Penal Code section 375 of Sexual Offences, a man is said to have committed Rape when he has a sexual intercourse with a woman under following descriptions:

1. Against her will.
2. Without her consent.
3. With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
4. With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
5. With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
6. With or without her consent, when she is under sixteen years of age.

Explanation – Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception – Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Punishment for Rape

The punishment for committing rape is generally decided under rape laws – IPC section 376, punishing with a maximum sentence of life imprisonment and a minimum of seven years, where the rape accused is also liable to fine unless the woman raped is his wife and is not under twelve years of age.

Rights of Private Defence

According to the IPC section 100, about Private Defence, a person/woman has a right to defend his/her body when there is a physical assault, with the intention of committing rape or gratifying unnatural lust. And according to section 96, nothing is an offence which is done in the exercise of the right of private defence. In cases of sexual assault, the right of private defence of one’s body can extend to the voluntary causing of death or of any other harm to the assailant. But it is important to note that:

The right of private defence is only available when there is a reasonable apprehension of receiving injury/sexual assault. Also, the victim needs to provide the necessary evidence of sexual assault/rape either by herself or from the witnesses.

The conclusion is that when a woman is attacked and physically assaulted by a man with an intention of rape or lust, the woman has every right to defend herself. She can go to any extent to protect herself from the danger, she won’t be blamed or accused for murder – she will only need to prove the sexual assault. Moreover, according to IPC section 97, during the assault, any person associated with the woman also has the legal right to defend her body and fight/kill the assailant.